GAYAWANTI JAUJE Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) HEARD. This appeal is by complainant whose complaint against respondent-Insurance Company claiming compensation for the damage caused to his insured vehicle, has been dismissed by the Forum below.

(2.) THE claim pertained to a jeep having sitting capacity of 9 + 1. The jeep was insured with the respondent and met with an accident on 26. 3. 2003 when the insurance cover was in existence. The surveyor appointed by the respondent-Insurance Company assessed the net loss at Rs. 69,508, but the claim of the appellant was repudiated by the respondent-insurer on the ground that the vehicle though registered and insured as a private vehicle, at the relevant time being used for carrying passengers on payment. It was further contended that it carried more passengers than its sanctioned capacity. The Forum below upheld the contention of the respondent and dismissed the complaint of appellant.

(3.) COMING to the merits of the case, it is seen that in the FIR lodged by a person injured in the said accident soon after the occurrence it was clearly mentioned that some students about ten in number were travelling in the said vehicle on payment of charges. Although subsequently the person who lodged the FIR is resiled from his earlier statement and stated that no charges were paid to the complainant for the said travel. However, the statement made in the FIR being earliest in time when there was no controversy, inspired more confidence. It could, thus, safely be inferred that the vehicle at the time of accident was being used for carrying passengers on payment. That being so, the claim of the appellant deserves to be settled on non-standard basis, i. e. 75% of the amount of loss assessed by the surveyor.